Can any of you sage people out there answer this one for me!?

Client appeals CTB OP decision, council request more evidence/info. Client fails to provide and eventually LA write saying they will assume cl does not want to pursue appeal and treat it as withdrawn if hte info is not provided within a certain time frame. Cl fails to return info in time.

Can the LA treat the appeal as withdrawn in these circs or should they refer it to TAS?

Any thoughts gratefully received...perhaps I am missing something really obvious here...its been one of those days!

They can't do it, and have to pass it to TAS. Ask them to give you the reg that gives them the power to treat an appeal as withdrawn. They have the power to suspend/terminate claims or awards for failure to supply info, but not appeals.

If they won't see sense quickly, I'd suggest sending copies of the decision, appeal and all relevant correspondence direct to TAS and ask for directions from a district chair requiring the LA to deal with the appeal.

Alternatively you could JR their failure to deal with the appeal, asking the Court to order them to process the appeal.

Oh dear! The LA failing to understand (as the commissioners have repeatedly reminded them) that that they are dealing with legal proceedings.

The short answer to your question is that only the appellant (or his/her rep') can withdraw an appeal. Otherwise, if the appellant fails to supply info (i.e. date of decision under appeal, name of benefit and brief grounds) then the case must go down to TAS, as you suggest. The LA have no power to withdraw it.

See Reg 20 HB and CTB (Decisions and Appeals) Regs 2001.

Regards
Paul

Thanks everyone, the answer is pretty clear...as I said, I must be having a bad day!!!

I had exactly this problem recently. The LA never conceded they were wrong, they just submitted it to TAS stating it was a 'supported late appeal'.